Florida Senate - 2021                               CS for SB 92
       
       
        
       By the Committee on Appropriations; and Senator Bean
       
       
       
       
       
       576-04433-21                                            202192c1
    1                        A bill to be entitled                      
    2         An act relating to the Department of Children and
    3         Families; amending s. 20.19, F.S.; requiring the
    4         department to establish community alliances in each
    5         community-based care lead agency service area;
    6         requiring community alliances to adopt certain bylaws;
    7         revising the membership of community alliances;
    8         amending s. 39.4015, F.S.; requiring, rather than
    9         authorizing, the department to develop a family
   10         finding program; removing the limitation that the
   11         development of family-finding programs is subject to
   12         available resources; requiring that family finding
   13         begin as soon as a child is taken into custody of the
   14         department; making technical changes; amending s.
   15         39.4087, F.S.; requiring the department to treat
   16         caregivers in a specified manner; requiring the
   17         department to provide certain information to and
   18         training for caregivers of children in foster care;
   19         removing the requirement that such information be
   20         provided subject to available resources; expanding
   21         certain information that is required to be fully
   22         disclosed to the caregivers to include the child’s
   23         issues related to behavioral health; making technical
   24         changes; amending s. 39.5086, F.S.; removing the
   25         limitation that the development of kinship navigator
   26         programs is subject to available resources; requiring,
   27         rather than authorizing, each community-based care
   28         lead agency to establish a kinship navigator program;
   29         amending s. 394.9082, F.S.; requiring the department
   30         to collect and post specified information on its
   31         website for each managing entity under contract with
   32         the department; creating s. 394.90825, F.S.; defining
   33         terms; requiring a board member or an officer of a
   34         managing entity to disclose specified activity that
   35         may reasonably be construed as a conflict of interest;
   36         creating a rebuttable presumption of a conflict of
   37         interest if the activity was acted upon by the board
   38         without prior notice; establishing a process for the
   39         managing entity’s board of directors to address the
   40         activity under certain timelines; providing for
   41         certain consequences for failure to obtain a board’s
   42         approval or failure to properly disclose a contract as
   43         a conflict of interest; amending s. 402.40, F.S.;
   44         providing that the department is authorized to review
   45         any decision to take specified actions against
   46         certified individuals; amending s. 409.987, F.S.;
   47         requiring the department to develop an alternative
   48         plan to contracting with a lead agency in a community
   49         under certain circumstances; providing requirements
   50         for the alternative plan; defining terms; requiring a
   51         board member or an officer of a lead agency to
   52         disclose activity that may reasonably be construed as
   53         a conflict of interest; creating a rebuttable
   54         presumption of a conflict of interest if the activity
   55         was acted upon by the board without prior notice;
   56         establishing a process for the lead agency’s board of
   57         directors to address the activity under certain
   58         timelines; providing for certain consequences for
   59         failure to obtain a board’s approval or failure to
   60         properly disclose a contract as a conflict of
   61         interest; amending s. 409.988, F.S.; deleting a
   62         requirement that lead agencies post their current
   63         budgets on their websites; requiring a lead agency to
   64         demonstrate the ability to adhere to all best child
   65         welfare practices; requiring lead agencies to publish
   66         on their websites certain information related to case
   67         managers’ caseloads within a specified timeframe;
   68         amending s. 409.990, F.S.; requiring lead agencies to
   69         fund the cost of increased care in certain
   70         circumstances; amending s. 409.996, F.S.; requiring
   71         that contracts between the department and lead
   72         agencies provide information to the department which
   73         specifies how the lead agency will adhere to all best
   74         child welfare practices; requiring the department to
   75         collect and post on its website specified information
   76         relating to contracts between lead agencies and the
   77         department; creating s. 409.998, F.S.; providing
   78         legislative findings and intent; requiring the
   79         department to establish a program that consists of a
   80         child and family well-being system; requiring the
   81         designated lead agency to carry out programmatic
   82         functions; defining the term “child and family well
   83         being system”; specifying program requirements;
   84         requiring the department, in collaboration with
   85         specified entities, to design, implement, and evaluate
   86         the program requirements; requiring the Florida
   87         Institute for Child Welfare, by a specified date, to
   88         annually submit a report to the Governor and the
   89         Legislature; amending s. 916.13, F.S.; authorizing
   90         certain forensic clients to receive treatment at any
   91         facility deemed appropriate by the secretary of the
   92         department; providing an effective date.
   93          
   94  Be It Enacted by the Legislature of the State of Florida:
   95  
   96         Section 1. Paragraphs (a), (d), and (e) of subsection (5)
   97  of section 20.19, Florida Statutes, are amended to read:
   98         20.19 Department of Children and Families.—There is created
   99  a Department of Children and Families.
  100         (5) COMMUNITY ALLIANCES.—
  101         (a) The department shall, in consultation with local
  102  communities, establish a community alliance or similar group of
  103  the stakeholders, community leaders, client representatives, and
  104  funders of human services in each community-based care lead
  105  agency service area county to provide a focal point for
  106  community participation and governance of community-based
  107  services. An alliance may cover more than one county when such
  108  arrangement is determined to provide for more effective
  109  representation. The community alliance shall represent the
  110  diversity of the community.
  111         (d) Each community alliance shall adopt bylaws to determine
  112  the specific membership composition that best represents the
  113  local community served by that community alliance. The
  114  membership of a the community alliance must in a county shall at
  115  a minimum be composed of no more than 20 members selected from
  116  the following:
  117         1. A representative from the department.
  118         2. Representatives A representative from local county
  119  government.
  120         3. Representatives A representative from the school
  121  district.
  122         4. A representative from the county United Way.
  123         5. Representatives A representative from the county
  124  sheriffs’ offices sheriff’s office.
  125         6. A representative from each the circuit court in the lead
  126  agency service area corresponding to the county.
  127         7. A representative from the county children’s services
  128  council board, if one exists.
  129         8. A representative of a faith-based organization involved
  130  in efforts to prevent child maltreatment, strengthen families,
  131  or promote adoption.
  132         (e) The community alliance shall adopt bylaws that allow
  133  for the and may increase the membership of the alliance to be
  134  increased to no more than 30 members if, in the judgment of the
  135  alliance, such change is necessary to adequately represent the
  136  diversity of the population within the community alliance
  137  service circuits. The additional membership may to include the
  138  state attorney for the judicial circuit in which the community
  139  alliance is located, or his or her designee;, the public
  140  defender for the judicial circuit in which the community
  141  alliance is located, or his or her designee; or, and other
  142  individuals and organizations who otherwise represent
  143  perspectives that will enable the community alliance to
  144  accomplish the duties specified in paragraph (b). Such
  145  individuals and organizations may include, but need not be
  146  limited to, represent funding organizations, are community
  147  leaders, and individuals who have knowledge of community-based
  148  service issues, or otherwise represent perspectives that will
  149  enable them to accomplish the duties listed in paragraph (b),
  150  if, in the judgment of the alliance, such change is necessary to
  151  adequately represent the diversity of the population within the
  152  community alliance service circuits.
  153         Section 2. Subsection (3) of section 39.4015, Florida
  154  Statutes, is amended to read:
  155         39.4015 Family finding.—
  156         (3) FAMILY-FINDING PROGRAM.—Subject to available resources,
  157  The department, in collaboration with sheriffs’ offices that
  158  conduct child protective investigations and community-based care
  159  lead agencies, shall may develop a formal family-finding program
  160  to be implemented by child protective investigators and
  161  community-based care lead agencies as resources permit.
  162         (a) Family finding shall may begin as soon as a child is
  163  taken into custody of the department, pursuant to s. 39.401, and
  164  throughout the duration of the case as necessary, finding and
  165  engaging with as many family members and fictive kin as possible
  166  for each child who may help with care or support for the child.
  167  The department or community-based care lead agency must
  168  specifically document strategies taken to locate and engage
  169  relatives and fictive kin. Strategies of engagement may include,
  170  but are not limited to, asking the relatives and fictive kin to:
  171         1. Participate in a family group decision-making
  172  decisionmaking conference, family team conferencing, or other
  173  family meetings aimed at developing or supporting the family
  174  service plan;
  175         2. Attend visitations with the child;
  176         3. Assist in transportation of the child;
  177         4. Provide respite or child care services; or
  178         5. Provide actual kinship care.
  179         (b) The family-finding family finding program shall provide
  180  the department and the community-based care lead agencies with
  181  best practices for identifying family and fictive kin. The
  182  family-finding family finding program must use diligent efforts
  183  in family finding and, must continue those efforts until
  184  multiple relatives and fictive kin are identified, and must go
  185  beyond basic searching tools by exploring alternative tools and
  186  methodologies. Family-finding Family finding efforts by the
  187  department and the community-based care lead agency may include,
  188  but are not limited to:
  189         1. Searching for and locating adult relatives and fictive
  190  kin.
  191         2. Identifying and building positive connections between
  192  the child and the child’s relatives and fictive kin.
  193         3. Supporting the engagement of relatives and fictive kin
  194  in social service planning and delivery of services and creating
  195  a network of extended family support to assist in remedying the
  196  concerns that led to the child becoming involved with the child
  197  welfare system, when appropriate.
  198         4. Maintaining family connections, when possible.
  199         5. Keeping siblings together in care, when in the best
  200  interest of each child and when possible.
  201         (c) To be compliant with this section, family-finding
  202  efforts must go beyond basic searching tools by exploring
  203  alternative tools and methodologies. A basic computer search
  204  using the Internet or attempts to contact known relatives at a
  205  last known address or telephone number do not constitute
  206  effective family finding.
  207         Section 3. Section 39.4087, Florida Statutes, is amended to
  208  read:
  209         39.4087 Department goals and requirements relating to
  210  caregivers; dispute resolution.—
  211         (1) To provide the best care to children, the Legislature
  212  requires establishes as goals for the department to treat foster
  213  parents, kinship caregivers, and nonrelative caregivers with
  214  dignity, respect, and trust while ensuring delivery of child
  215  welfare services is focused on the best interest of the child.
  216  To that end, regarding foster parents, kinship caregivers, and
  217  nonrelative caregivers caring for dependent children in their
  218  home, to the extent not otherwise prohibited by state or federal
  219  law and to the extent of current resources, the department is
  220  required to do all of the following will strive to:
  221         (a) Provide a clear explanation to a caregiver on the role
  222  of the department, the role of the child’s biological family as
  223  it relates to the delivery of child welfare services, and the
  224  rights and responsibilities of the caregiver.
  225         (b) Provide training and support to the caregiver to help
  226  meet the necessary requirements for the daily care of the child
  227  and any special needs the child may have.
  228         (c)1. Fully disclose all relevant information regarding the
  229  child and the background of his or her biological family. A
  230  caregiver must maintain the confidentiality of any information
  231  as required by law. Such disclosure includes, but is not limited
  232  to:
  233         a.1. Any issues relative to the child that may jeopardize
  234  the health and safety of the caregiver or other individuals
  235  residing in the household or alter the manner in which the
  236  caregiver would normally provide care.
  237         b.2. Any delinquency or criminal record of the child,
  238  including, but not limited to, any pending petitions or
  239  adjudications of delinquency when the conduct constituting the
  240  delinquent act, if committed by an adult, would constitute
  241  murder in the first degree, murder in the second degree, rape,
  242  robbery, or kidnapping.
  243         c.3. Information about any physical or sexual abuse the
  244  child has experienced.
  245         d.4. Any behavioral issues that may affect the care and
  246  supervision of the child.
  247         e.5. With parental consent to the extent required by law,
  248  any known health history and medical, psychological, or
  249  behavioral mental health issues or needs of the child,
  250  including, but not limited to, current infectious diseases the
  251  child has or any episodes of hospitalization due to mental or
  252  physical illness.
  253         2.A caregiver must maintain the confidentiality of any
  254  information as required by law.
  255         (d) Allow caregivers to communicate with professionals who
  256  work with the child, including, but not limited to, therapists
  257  and other behavioral health professionals, physicians and other
  258  health care professionals, and teachers.
  259         (e) Provide a means by which a caregiver may contact the
  260  community-based care lead agency 24 hours a day, 7 days a week,
  261  for the purpose of receiving assistance from the lead agency.
  262         (f) Solicit and consider caregiver input on a child’s case
  263  plan.
  264         (g) Provide a clear, written explanation to a caregiver of
  265  any plan concerning the placement of a child in the caregiver’s
  266  home. If a plan was not developed before the placement, the
  267  department must provide a clear, written explanation to the
  268  caregiver once the plan is developed.
  269         (h) Provide information, when it becomes available, on any
  270  emergency situation that requires a child to be placed in the
  271  caregiver’s home.
  272         (i) Allow a caregiver to request the removal of a child
  273  from the home without retaliation. However, the caregiver must
  274  be open to receiving training or other support services that may
  275  mitigate the need for the child’s removal. If removal occurs,
  276  the caregiver shall cooperate with any transition that is in the
  277  best interest of the child to the extent that doing so is safe
  278  for the caregiver and other individuals in the caregiver’s home.
  279         (j) Inform the caregiver as soon as possible of any
  280  decision made by a court or child-caring agency relating to a
  281  child who is placed with the caregiver.
  282         (k) Give at least 7 days’ notice to a caregiver, to the
  283  extent possible, of any meeting or court hearing related to a
  284  child in his or her care. The notice must shall include, at
  285  minimum, but is not limited to, the name of the judge or hearing
  286  officer, the docket number, and the purpose and location of the
  287  hearing or meeting. If the department is providing such
  288  information to a child’s biological parent, the department shall
  289  provide notice to the caregiver at the same time as the
  290  biological parent.
  291         (l) If the caregiver agrees, Consider the caregiver as a
  292  placement option for a child if such child, who was formerly
  293  placed with the caregiver, reenters out-of-home care and the
  294  caregiver agrees to the child being placed with the caregiver
  295  upon reentry and reenters out-of-home care.
  296         (m) Upon reasonable notice from a caregiver, allow him or
  297  her a period of respite.
  298         (n) Upon request, provide a caregiver with copies of all
  299  information in the department’s records relating to the
  300  caregiver.
  301         (2)(a) If a caregiver believes that the department, an
  302  employee of the department, an agency under contract with the
  303  department, or an employee of such agency has violated this
  304  section, and that the violation has harmed or could harm a child
  305  who is or was in the custody of the department, or that the
  306  violation inhibited the caregiver’s ability to meet the child’s
  307  needs as set forth in the case plan, the caregiver may notify
  308  the liaison assigned to the caregiver or the child’s case
  309  manager. The liaison or case manager must make every attempt to
  310  resolve the dispute.
  311         (b) If a caregiver believes the dispute is not adequately
  312  resolved by the case manager, the caregiver or the liaison for
  313  the caregiver may contact the supervisor of the liaison or the
  314  supervisor of the case manager. If the caregiver or the liaison
  315  for the caregiver contacts a supervisor in writing, he or she
  316  may copy the department on the communication, and the department
  317  shall maintain a record of any such communication received.
  318         (c) If a caregiver believes that the supervisor of the
  319  liaison or the supervisor of the case manager did not adequately
  320  resolve the dispute, the caregiver may contact the department,
  321  and the department must conduct a review and respond to the
  322  caregiver in writing within 30 days after being contacted.
  323         Section 4. Paragraph (b) of subsection (2) of section
  324  39.5086, Florida Statutes, is amended to read:
  325         39.5086 Kinship navigator programs.—
  326         (2) PURPOSE AND SERVICES.—
  327         (b) Subject to available resources, Each community-based
  328  care lead agency shall may establish a kinship navigator program
  329  that:
  330         1. Coordinates with other state or local agencies that
  331  promote service coordination or provide information and referral
  332  services, including any entities that participate in the Florida
  333  211 Network, to avoid duplication or fragmentation of services
  334  to kinship care families;
  335         2. Is planned and operated in consultation with kinship
  336  caregivers and organizations representing them, youth raised by
  337  kinship caregivers, relevant governmental agencies, and relevant
  338  community-based or faith-based organizations;
  339         3. Has a toll-free telephone hotline to provide information
  340  to link kinship caregivers, kinship support group facilitators,
  341  and kinship service providers to:
  342         a. One another;
  343         b. Eligibility and enrollment information for federal,
  344  state, and local benefits;
  345         c. Relevant training to assist kinship caregivers in
  346  caregiving and in obtaining benefits and services; and
  347         d. Relevant knowledge related to legal options available
  348  for child custody, other legal assistance, and help in obtaining
  349  legal services.
  350         4. Provides outreach to kinship care families, including by
  351  establishing, distributing, and updating a kinship care website,
  352  or other relevant guides or outreach materials; and
  353         5. Promotes partnerships between public and private
  354  agencies, including schools, community-based or faith-based
  355  organizations, and relevant governmental agencies, to increase
  356  their knowledge of the needs of kinship care families to promote
  357  better services for those families.
  358         Section 5. Paragraph (m) is added to subsection (3) of
  359  section 394.9082, Florida Statutes, to read:
  360         394.9082 Behavioral health managing entities.—
  361         (3) DEPARTMENT DUTIES.—The department shall:
  362         (m)Collect and post all of the following information on
  363  its website, updated annually, for each managing entity under
  364  contract with the department:
  365         1.Current salaries, bonuses, and other compensation paid,
  366  by position, for any employee who receives a salary from state
  367  appropriated funds, including state-appropriated federal funds,
  368  whether base pay or base pay combined with any bonus or
  369  incentive payments, in excess of 150 percent of the annual
  370  salary paid to the secretary of the Department of Children and
  371  Families. For purposes of this subparagraph, the term “employee”
  372  includes, but is not limited to, the chief executive officer,
  373  chief financial officer, and chief operating officer, or any
  374  other executive staff of the managing entity.
  375         2. All findings of the comprehensive, multiyear review of
  376  the revenues, expenditures, and financial position of all
  377  managing entities, which shall cover the most recent 2
  378  consecutive fiscal years. The review must include a
  379  comprehensive system-of-care analysis and provide expenditure
  380  information related to direct care, administration, and indirect
  381  costs. All contracted entities must develop and maintain a plan
  382  to achieve financial viability which shall accompany the
  383  department’s submission. The findings from this review shall be
  384  submitted to the Governor, the President of the Senate, and the
  385  Speaker of the House of Representatives by November 1 of each
  386  year in addition to being posted on the department’s Internet
  387  website.
  388         Section 6. Section 394.90825, Florida Statutes, is created
  389  to read:
  390         394.90825 Boards of managing entities; conflicts of
  391  interest.—
  392         (1) As used in this section, the term:
  393         (a) “Activity” includes, but is not limited to, a contract
  394  for goods and services, a contract for the purchase of any real
  395  or tangible property, or an agreement to engage with the
  396  managing entity for the benefit of a third party in exchange for
  397  an interest in real or tangible property, a monetary benefit, or
  398  an in-kind contribution.
  399         (b) “Conflict of interest” means when a board member or an
  400  officer, or a relative of a board member or an officer, of the
  401  managing entity does any of the following:
  402         1. Enters into a contract or other transaction for goods or
  403  services with the managing entity.
  404         2. Holds a direct or indirect interest in a corporation,
  405  limited liability corporation, partnership, limited liability
  406  partnership, or other business entity that conducts business
  407  with the managing entity or proposes to enter into a contract or
  408  other transaction with the managing entity. For purposes of this
  409  paragraph, “indirect interest” has the same meaning as provided
  410  in s. 112.312.
  411         3. Knowingly obtains a direct or indirect personal,
  412  financial, professional, or other benefit as a result of the
  413  relationship of such member or officer, or relative of the
  414  member or officer, with the managing entity. For purposes of
  415  this paragraph, the term “benefit” does not include per diem and
  416  travel expenses paid or reimbursed to board members in
  417  connection with their service on the board.
  418         (c) “Managing entity” has the same meaning as in s.
  419  394.9082.
  420         (d) “Relative” means a relative within the third degree of
  421  consanguinity by blood or marriage.
  422         (2)(a)For any activity that is presented to the board of a
  423  managing entity for its initial consideration and approval after
  424  July 1, 2021, or any activity that involves a contract that is
  425  being considered for renewal on or after July 1, 2021, and
  426  before January 1, 2022, a board member or an officer of a
  427  managing entity shall disclose to the board any activity that
  428  may reasonably be construed to be a conflict of interest before
  429  such activity is initially considered and approved or renewed by
  430  the board. A rebuttable presumption of a conflict of interest
  431  exists if the activity was acted upon by the board without prior
  432  notice as required under subsection (3).
  433         (b) For contracts with a managing entity which are in
  434  existence on July 1, 2021, and are not subject to renewal before
  435  January 1, 2022, a board member or an officer shall disclose to
  436  the board any activity that may reasonably be construed to be a
  437  conflict of interest under this section by December 31, 2021.
  438         (3)(a) If a board member or an officer, or a relative of a
  439  member or an officer, proposes to engage in an activity as
  440  described in paragraph (2)(a), the proposed activity must be
  441  listed on the meeting agenda for the next general or special
  442  meeting of the members, and copies of all contracts and
  443  transactional documents related to the proposed activity must be
  444  included in the agenda. The meeting agenda must clearly identify
  445  the existence of a potential conflict of interest for the
  446  proposed activity. Before a member or an officer, or a relative
  447  of a member or an officer, engages in the proposed activity, the
  448  activity and contract or other transaction documents must be
  449  approved by an affirmative vote of two-thirds of all other
  450  members present.
  451         (b) If a member or an officer notifies the board of a
  452  potential conflict of interest with the member or officer, or a
  453  relative of the member or officer, under an existing contract as
  454  described in paragraph (2)(b), the board must notice the
  455  activity on a meeting agenda for the next general or special
  456  meeting of the members, and copies of all contracts and
  457  transactional documents related to the activity must be
  458  attached. The meeting agenda must clearly identify the existence
  459  of a potential conflict of interest. The board must be given the
  460  opportunity to approve or disapprove the conflict of interest by
  461  a vote of two-thirds of all other members present.
  462         (4)(a) If the board votes against the proposed activity
  463  pursuant to paragraph (3)(a), the board member or officer, or
  464  the relative of the member or officer, must notify the board in
  465  writing of his or her intention, or his or her relative’s
  466  intention, not to pursue the proposed activity, or the member or
  467  officer shall withdraw from office before the next scheduled
  468  board meeting. If the board finds that an officer or a member
  469  has violated this paragraph, the officer or member shall be
  470  deemed removed from office before the next scheduled board
  471  meeting.
  472         (b) In the event that the board does not approve of a
  473  conflict of interest as required in paragraph (3)(b), the
  474  parties to the activity may opt to cancel the activity or, in
  475  the alternative, the member or officer must resign from the
  476  board before the next scheduled board meeting. If the activity
  477  canceled is a contract, the managing entity is only liable for
  478  the reasonable value of the goods and services provided up to
  479  the time of cancellation and is not liable for any termination
  480  fee, liquidated damages, or other form of penalty for such
  481  cancellation.
  482         (5) A board member or an officer, or a relative of a member
  483  or an officer, who is a party to, or has an interest in, an
  484  activity that is a possible conflict of interest may attend the
  485  meeting at which the activity is considered by the board and is
  486  authorized to make a presentation to the board regarding the
  487  activity. After the presentation, the member or officer, or the
  488  relative of the member or officer, shall leave the meeting
  489  during the discussion of, and the vote on, the activity. A
  490  member or an officer who is a party to, or has an interest in,
  491  the activity shall recuse himself or herself from the vote.
  492         (6) A contract entered into between a board member or an
  493  officer, or a relative of a member or an officer, and the
  494  managing entity which has not been properly disclosed as a
  495  conflict of interest or potential conflict of interest under
  496  this section is voidable and terminates upon the filing of a
  497  written notice terminating the contract with the board of
  498  directors which contains the consent of at least 20 percent of
  499  the voting interests of the managing entity.
  500         Section 7. Subsection (3) of section 402.40, Florida
  501  Statutes, is amended to read:
  502         402.40 Child welfare training and certification.—
  503         (3) THIRD-PARTY CREDENTIALING ENTITIES.—The department
  504  shall approve one or more third-party credentialing entities for
  505  the purpose of developing and administering child welfare
  506  certification programs for persons who provide child welfare
  507  services. A third-party credentialing entity shall request such
  508  approval in writing from the department. In order to obtain
  509  approval, the third-party credentialing entity must:
  510         (a) Establish professional requirements and standards that
  511  applicants must achieve in order to obtain a child welfare
  512  certification and to maintain such certification.
  513         (b) Develop and apply core competencies and examination
  514  instruments according to nationally recognized certification and
  515  psychometric standards.
  516         (c) Maintain a professional code of ethics and a
  517  disciplinary process that apply to all persons holding child
  518  welfare certification.
  519         (d) Maintain a database, accessible to the public, of all
  520  persons holding child welfare certification, including any
  521  history of ethical violations.
  522         (e) Require annual continuing education for persons holding
  523  child welfare certification.
  524         (f) Administer a continuing education provider program to
  525  ensure that only qualified providers offer continuing education
  526  opportunities for certificateholders.
  527         (g) Review the findings and all relevant records involving
  528  the death of a child or other critical incident following
  529  completion of any reviews by the department, the inspector
  530  general, or the Office of the Attorney General. Such review may
  531  occur only upon the filing of a complaint from an outside party
  532  involving certified personnel. This review shall assess the
  533  certified personnel’s compliance with the third-party
  534  credentialing entity’s published code of ethical and
  535  professional conduct and disciplinary procedures.
  536         (h) Maintain an advisory committee, including
  537  representatives from each region of the department, each
  538  sheriff’s office providing child protective services, and each
  539  community-based care lead agency, who shall be appointed by the
  540  organization they represent. The third-party credentialing
  541  entity may appoint additional members to the advisory committee.
  542  
  543  Any decision by a department-recognized credentialing entity to
  544  deny, revoke, or suspend a certification, or otherwise impose
  545  sanctions on an individual who is certified, is reviewable by
  546  the department pursuant to s. 397.321(15).
  547         Section 8. Section 409.987, Florida Statutes, is amended to
  548  read:
  549         409.987 Lead agency procurement; boards; conflicts of
  550  interest.—
  551         (1) Community-based care lead agencies shall be procured by
  552  the department through a competitive process as required under
  553  chapter 287.
  554         (2) The department shall produce a schedule for the
  555  procurement of community-based care lead agencies and provide
  556  the schedule to the community alliances established pursuant to
  557  s. 20.19(5) and post the schedule on the department’s website.
  558         (3) Notwithstanding s. 287.057, the department shall use 5
  559  year contracts with lead agencies.
  560         (4) In order to serve as a lead agency, an entity must:
  561         (a) Be organized as a Florida corporation or a governmental
  562  entity.
  563         (b) Be governed by a board of directors or a board
  564  committee composed of board members. The membership of the board
  565  of directors or board committee must be described in the bylaws
  566  or articles of incorporation of each lead agency, which must
  567  provide that at least 75 percent of the membership of the board
  568  of directors or board committee must consist of persons residing
  569  in this state, and at least 51 percent of the state residents on
  570  the board of directors must reside within the service area of
  571  the lead agency. However, for procurements of lead agency
  572  contracts initiated on or after July 1, 2014:
  573         1. At least 75 percent of the membership of the board of
  574  directors must consist of persons residing in this state, and at
  575  least 51 percent of the membership of the board of directors
  576  must consist of persons residing within the service area of the
  577  lead agency. If a board committee governs the lead agency, 100
  578  percent of its membership must consist of persons residing
  579  within the service area of the lead agency.
  580         2. The powers of the board of directors or board committee
  581  include, but are not limited to, approving the lead agency’s
  582  budget and setting the lead agency’s operational policy and
  583  procedures. A board of directors must additionally have the
  584  power to hire the lead agency’s executive director, unless a
  585  board committee governs the lead agency, in which case the board
  586  committee must have the power to confirm the selection of the
  587  lead agency’s executive director.
  588         (c) Demonstrate financial responsibility through an
  589  organized plan for regular fiscal audits and the posting of a
  590  performance bond.
  591         (5) The department’s procurement team procuring any lead
  592  agencies’ contracts must include individuals from the community
  593  alliance in the area to be served under the contract. All
  594  meetings at which vendors make presentations to or negotiate
  595  with the procurement team shall be held in the area to be served
  596  by the contract.
  597         (6)In communities where conditions make it impossible or
  598  not feasible to competitively contract with a lead agency, the
  599  department shall develop an alternative plan, in collaboration
  600  with the local community alliance, that may include establishing
  601  an innovative consortia of partners which may include, but is
  602  not limited to, private entities, local and county governmental
  603  entities, and the department. The plan must detail how the
  604  community will continue to implement community-based care
  605  through competitively procuring either the specific components
  606  of foster care and related services or comprehensive services
  607  for defined eligible populations of children and families from
  608  qualified licensed agencies as part of the community’s efforts
  609  to develop the local capacity for a community-based system of
  610  coordinated care. The plan must ensure local control over the
  611  management and administration of the service provision in
  612  accordance with the intent of this section and may adhere to
  613  recognized best business practices, including, but not limited
  614  to, the use of public or private partnerships.
  615         (7)(a)As used in this subsection, the term:
  616         1. “Activity” includes, but is not limited to, a contract
  617  for goods and services, a contract for the purchase of any real
  618  or tangible property, or an agreement to engage with the lead
  619  agency for the benefit of a third party in exchange for an
  620  interest in real or tangible property, a monetary benefit, or an
  621  in-kind contribution.
  622         2. “Conflict of interest” means when a board member or an
  623  officer, or a relative of a member or an officer, of the lead
  624  agency does any of the following:
  625         a. Enters into a contract or other transaction for goods or
  626  services with the lead agency.
  627         b. Holds a direct or indirect interest in a corporation,
  628  limited liability corporation, partnership, limited liability
  629  partnership, or other business entity that conducts business
  630  with the lead agency or proposes to enter into a contract or
  631  other transaction with the lead agency. For purposes of this
  632  subparagraph, “indirect interest” has the same meaning as
  633  provided in s. 112.312.
  634         c. Knowingly obtains a direct or indirect personal,
  635  financial, professional, or other benefit as a result of the
  636  relationship of such member or officer, or relative of the
  637  member or officer, with the lead agency. For purposes of this
  638  subparagraph, the term “benefit” does not include per diem and
  639  travel expenses paid or reimbursed to board members in
  640  connection with their service on the board.
  641         3. “Relative” means a relative within the third degree of
  642  consanguinity by blood or marriage.
  643         (b)1. For any activity that is presented to the board for
  644  its initial consideration and approval on or after July 1, 2021,
  645  or any activity that involves a contract which is being
  646  considered for renewal on or after July 1, 2021, and before
  647  January 1, 2022, a board member or an officer of a lead agency
  648  must disclose to the board any activity that may reasonably be
  649  construed to be a conflict of interest before such activity is
  650  initially considered and approved or renewed by the board. A
  651  rebuttable presumption of a conflict of interest exists if the
  652  activity was acted upon by the board without prior notice, as
  653  required in paragraph (c).
  654         2. For contracts with a lead agency which are in existence
  655  on July 1, 2021, and are not subject to renewal before January
  656  1, 2022, a board member or officer shall disclose to the board
  657  any activity that may reasonably be construed to be a conflict
  658  of interest under this section by December 31, 2021.
  659         (c)1. If a member or an officer, or a relative of a member
  660  or an officer, proposes to engage in an activity that is covered
  661  by subparagraph (b)1., the proposed activity must be listed on
  662  the meeting agenda for the next general or special meeting of
  663  the members, and copies of all contracts and transactional
  664  documents related to the proposed activity must be included in
  665  the agenda. The meeting agenda must clearly identify the
  666  existence of a potential conflict of interest for the proposed
  667  activity. Before a member or an officer, or a relative of a
  668  member or an officer, engages in the proposed activity, the
  669  activity and contract or other transaction documents must be
  670  approved by an affirmative vote of two-thirds of all other
  671  members present.
  672         2. If a member or an officer notifies the board of a
  673  potential conflict of interest with the member or officer, or a
  674  relative of the member or officer, under an existing contract as
  675  described in subparagraph (b)2., the board must notice the
  676  activity on a meeting agenda for the next general or special
  677  meeting of the members, and copies of all contracts and
  678  transactional documents related to the activity must be
  679  attached. The meeting agenda must clearly identify the existence
  680  of a potential conflict of interest. The board must be given the
  681  opportunity to approve or disapprove of the conflict of interest
  682  by a vote of two-thirds of all other members present.
  683         (d)1. If the board votes against the proposed activity
  684  pursuant to subparagraph (c)1., the member or officer, or the
  685  relative of the member or officer, must notify the board in
  686  writing of his or her intention, or his or her relative’s
  687  intention, not to pursue the proposed activity, or the member or
  688  officer shall withdraw from office before the next scheduled
  689  board meeting. If the board finds that an officer or a member
  690  has violated this subparagraph, the officer or member shall be
  691  deemed removed from office before the next scheduled board
  692  meeting.
  693         2. In the event that the board does not approve of a
  694  conflict as required in subparagraph (c)2., the parties to the
  695  activity may opt to cancel the activity or, in the alternative,
  696  the member or officer must resign from the board before the next
  697  scheduled board meeting. If the activity canceled is a contract,
  698  the lead agency is only liable for the reasonable value of the
  699  goods and services provided up to the time of cancellation and
  700  is not liable for any termination fee, liquidated damages, or
  701  other form of penalty for such cancellation.
  702         (e) A member or an officer, or a relative of a member or an
  703  officer, who is a party to, or has an interest in, an activity
  704  that is a possible conflict of interest may attend the meeting
  705  at which the activity is considered by the board and is
  706  authorized to make a presentation to the board regarding the
  707  activity. After the presentation, the member or officer, or the
  708  relative of the member or officer, must leave the meeting during
  709  the discussion of, and the vote on, the activity. A member or an
  710  officer who is a party to, or has an interest in, the activity
  711  must recuse himself or herself from the vote.
  712         (f) A contract entered into between a member or an officer,
  713  or a relative of a member or an officer, and the lead agency
  714  which has not been properly disclosed as a conflict of interest
  715  or potential conflict of interest under this subsection is
  716  voidable and terminates upon the filing of a written notice
  717  terminating the contract with the board of directors which
  718  contains the consent of at least 20 percent of the voting
  719  interests of the lead agency.
  720         Section 9. Subsection (1) of section 409.988, Florida
  721  Statutes, is amended to read:
  722         409.988 Lead agency duties; general provisions.—
  723         (1) DUTIES.—A lead agency:
  724         (a) Shall serve all children referred as a result of a
  725  report of abuse, neglect, or abandonment to the department’s
  726  central abuse hotline, including, but not limited to, children
  727  who are the subject of verified reports and children who are not
  728  the subject of verified reports but who are at moderate to
  729  extremely high risk of abuse, neglect, or abandonment, as
  730  determined using the department’s risk assessment instrument,
  731  regardless of the level of funding allocated to the lead agency
  732  by the state if all related funding is transferred. The lead
  733  agency may also serve children who have not been the subject of
  734  reports of abuse, neglect, or abandonment, but who are at risk
  735  of abuse, neglect, or abandonment, to prevent their entry into
  736  the child protection and child welfare system.
  737         (b) Shall provide accurate and timely information necessary
  738  for oversight by the department pursuant to the child welfare
  739  results-oriented accountability system required by s. 409.997.
  740         (c) Shall follow the financial guidelines developed by the
  741  department and provide for a regular independent auditing of its
  742  financial activities. Such financial information shall be
  743  provided to the community alliance established under s.
  744  20.19(5).
  745         (d) Shall post on its website the current budget for the
  746  lead agency, including the salaries, bonuses, and other
  747  compensation paid, by position, for the agency’s chief executive
  748  officer, chief financial officer, and chief operating officer,
  749  or their equivalents.
  750         (e) Shall prepare all judicial reviews, case plans, and
  751  other reports necessary for court hearings for dependent
  752  children, except those related to the investigation of a
  753  referral from the department’s child abuse hotline, and shall
  754  submit these documents timely to the department’s attorneys for
  755  review, any necessary revision, and filing with the court. The
  756  lead agency shall make the necessary staff available to
  757  department attorneys for preparation for dependency proceedings,
  758  and shall provide testimony and other evidence required for
  759  dependency court proceedings in coordination with the
  760  department’s attorneys. This duty does not include the
  761  preparation of legal pleadings or other legal documents, which
  762  remain the responsibility of the department.
  763         (e)(f) Shall ensure that all individuals providing care for
  764  dependent children receive:
  765         1. Appropriate training and meet the minimum employment
  766  standards established by the department. Appropriate training
  767  shall include, but is not limited to, training on the
  768  recognition of and responses to head trauma and brain injury in
  769  a child under 6 years of age developed by the Child Protection
  770  Team Program within the Department of Health.
  771         2. Contact information for the local mobile response team
  772  established under s. 394.495.
  773         (f)(g) Shall maintain eligibility to receive all available
  774  federal child welfare funds.
  775         (g)Shall demonstrate the ability to adhere to all best
  776  child welfare practices pursuant to ss. 39.4087, 39.523,
  777  409.1415, and 409.145.
  778         (h) Shall maintain written agreements with Healthy Families
  779  Florida lead entities in its service area pursuant to s. 409.153
  780  to promote cooperative planning for the provision of prevention
  781  and intervention services.
  782         (i) Shall comply with federal and state statutory
  783  requirements and agency rules in the provision of contractual
  784  services.
  785         (j) May subcontract for the provision of services required
  786  by the contract with the lead agency and the department;
  787  however, the subcontracts must specify how the provider will
  788  contribute to the lead agency meeting the performance standards
  789  established pursuant to the child welfare results-oriented
  790  accountability system required by s. 409.997. The lead agency
  791  shall directly provide no more than 35 percent of all child
  792  welfare services provided unless it can demonstrate a need,
  793  within the lead agency’s geographic service area, to exceed this
  794  threshold. The local community alliance in the geographic
  795  service area in which the lead agency is seeking to exceed the
  796  threshold shall review the lead agency’s justification for need
  797  and recommend to the department whether the department should
  798  approve or deny the lead agency’s request for an exemption from
  799  the services threshold. If there is not a community alliance
  800  operating in the geographic service area in which the lead
  801  agency is seeking to exceed the threshold, such review and
  802  recommendation shall be made by representatives of local
  803  stakeholders, including at least one representative from each of
  804  the following:
  805         1. The department.
  806         2. The county government.
  807         3. The school district.
  808         4. The county United Way.
  809         5. The county sheriff’s office.
  810         6. The circuit court corresponding to the county.
  811         7. The county children’s board, if one exists.
  812         (k) Shall publish post on its website by the 15th day of
  813  each month at a minimum the information contained in
  814  subparagraphs 1.-5. subparagraphs 1.-4. for the preceding
  815  calendar month regarding its case management services. The
  816  following information shall be reported by each individual
  817  subcontracted case management provider, by the lead agency, if
  818  the lead agency provides case management services, and in total
  819  for all case management services subcontracted or directly
  820  provided by the lead agency:
  821         1. The average caseload of case managers, including only
  822  filled positions;
  823         2. The total number and percentage of case managers who
  824  have 25 or more cases on their caseloads;
  825         3.2. The turnover rate for case managers and case
  826  management supervisors for the previous 12 months;
  827         4.3. The percentage of required home visits completed; and
  828         5.4. Performance on outcome measures required pursuant to
  829  s. 409.997 for the previous 12 months.
  830         (l) Shall identify an employee to serve as a liaison with
  831  the community alliance and community-based and faith-based
  832  organizations interested in collaborating with the lead agency
  833  or offering services or other assistance on a volunteer basis to
  834  the children and families served by the lead agency. The lead
  835  agency shall ensure that appropriate lead agency staff and
  836  subcontractors, including, but not limited to, case managers,
  837  are informed of the specific services or assistance available
  838  from community-based and faith-based organizations.
  839         Section 10. Present subsection (7) of section 409.990,
  840  Florida Statutes, is redesignated as subsection (8), and a new
  841  subsection (7) is added to that section, to read:
  842         409.990 Funding for lead agencies.—A contract established
  843  between the department and a lead agency must be funded by a
  844  grant of general revenue, other applicable state funds, or
  845  applicable federal funding sources.
  846         (7) If subcontracted service providers must provide
  847  services that are beyond the contract limits due to increased
  848  client need or caseload, the lead agencies shall fund the cost
  849  of increased care.
  850         Section 11. Present subsections (3) through (25) of section
  851  409.996, Florida Statutes, are redesignated as subsections (4)
  852  through (26), respectively, a new subsection (3) is added to
  853  that section, and subsections (1) and (2) and paragraph (d) of
  854  present subsection (25) are amended, to read:
  855         409.996 Duties of the Department of Children and Families.
  856  The department shall contract for the delivery, administration,
  857  or management of care for children in the child protection and
  858  child welfare system. In doing so, the department retains
  859  responsibility for the quality of contracted services and
  860  programs and shall ensure that, at a minimum, services are
  861  delivered in accordance with applicable federal and state
  862  statutes and regulations and the performance standards and
  863  metrics specified in the strategic plan created under s.
  864  20.19(1).
  865         (1) The department shall enter into contracts with lead
  866  agencies for the performance of the duties by the lead agencies
  867  established in s. 409.988. At a minimum, the contracts must do
  868  all of the following:
  869         (a) Provide for the services needed to accomplish the
  870  duties established in s. 409.988. and
  871         (b)Provide information to the department which specifies
  872  how the lead agency will adhere to all best child welfare
  873  practices pursuant to ss. 39.4087, 39.523, 409.1415, and
  874  409.145.
  875         (c) Provide information to the department which is
  876  necessary to meet the requirements for a quality assurance
  877  program under subsection (20) (19) and the child welfare
  878  results-oriented accountability system under s. 409.997.
  879         (d)(b) Provide for tiered interventions and graduated
  880  penalties for failure to comply with contract terms or in the
  881  event of performance deficiencies. Such interventions and
  882  penalties shall include, but are not limited to:
  883         1. Enhanced monitoring and reporting.
  884         2. Corrective action plans.
  885         3. Requirements to accept technical assistance and
  886  consultation from the department under subsection (5) (4).
  887         4. Financial penalties, which shall require a lead agency
  888  to reallocate funds from administrative costs to direct care for
  889  children.
  890         5. Early termination of contracts, as provided in s.
  891  402.1705(3)(f).
  892         (e)(c) Ensure that the lead agency shall furnish current
  893  and accurate information on its activities in all cases in
  894  client case records in the state’s statewide automated child
  895  welfare information system.
  896         (f)(d) Specify the procedures to be used by the parties to
  897  resolve differences in interpreting the contract or to resolve
  898  disputes as to the adequacy of the parties’ compliance with
  899  their respective obligations under the contract.
  900         (2) The department must adopt written policies and
  901  procedures for monitoring the contract for delivery of services
  902  by lead agencies which must be posted on the department’s
  903  website. These policies and procedures must, at a minimum,
  904  address the evaluation of fiscal accountability and program
  905  operations, including provider achievement of performance
  906  standards, provider monitoring of subcontractors, and timely
  907  follow-up followup of corrective actions for significant
  908  monitoring findings related to providers and subcontractors.
  909  These policies and procedures must also include provisions for
  910  reducing the duplication of the department’s program monitoring
  911  activities both internally and with other agencies, to the
  912  extent possible. The department’s written procedures must ensure
  913  that the written findings, conclusions, and recommendations from
  914  monitoring the contract for services of lead agencies are
  915  communicated to the director of the provider agency and the
  916  community alliance as expeditiously as possible.
  917         (3)The department shall collect and post on its website,
  918  and annually update, all of the following information for each
  919  lead agency under contract with the department:
  920         (a)Current salaries, bonuses, and other compensation paid,
  921  by position, for any employee who receives a salary from state
  922  appropriated funds, including state-appropriated federal funds,
  923  whether base pay or base pay combined with any bonus or
  924  incentive payments, in excess of 150 percent of the annual
  925  salary paid to the secretary of the Department of Children and
  926  Families. For purposes of this paragraph, the term “employee”
  927  includes, but is not limited to, the chief executive officer,
  928  chief financial officer, and chief operating officer, or any
  929  other executive staff of the community-based care lead agency.
  930         (b)All findings of the comprehensive, multiyear review of
  931  the revenues, expenditures, and financial position of all lead
  932  agencies, which shall cover the most recent 2 consecutive fiscal
  933  years. The review must include a comprehensive system-of-care
  934  analysis and provide expenditure information related to direct
  935  care, administration, and indirect costs. All contracted
  936  agencies must develop and maintain a plan to achieve financial
  937  viability which shall accompany the department’s submission. The
  938  findings from this review shall be submitted to the Governor,
  939  the President of the Senate, and the Speaker of the House of
  940  Representatives by November 1 of each year in addition to being
  941  posted on the department’s Internet website.
  942         (26)(25) Subject to an appropriation, for the 2020-2021 and
  943  2021-2022 fiscal years, the department shall implement a pilot
  944  project in the Sixth and Thirteenth Judicial Circuits,
  945  respectively, aimed at improving child welfare outcomes.
  946         (d) The department shall include the results of the pilot
  947  projects in the report required in subsection (25) (24) of this
  948  section. The report must include the department’s findings and
  949  recommendations relating to the pilot projects.
  950         Section 12. Section 409.998, Florida Statutes, is created
  951  to read:
  952         409.998 Child and family well-being.
  953         (1)LEGISLATIVE FINDINGS AND INTENT.—
  954         (a)The Legislature finds that every child deserves a safe,
  955  stable, and permanent family and that all families deserve the
  956  opportunities and supports to raise their children safely and
  957  successfully in their own homes and communities.
  958         (b)The Legislature also finds that families are our
  959  greatest asset in ensuring that all children are safe and have
  960  what they need to thrive and succeed, and there is evidence
  961  that, with appropriate support, many families can remain safely
  962  together without court involvement or traumatic separations.
  963         (c)The Legislature further finds that the state’s current
  964  child welfare system and practices do not always align with
  965  current research related to the needs of children and families.
  966         (d)It is the intent of the Legislature that the state
  967  establish a child and family well-being system that shifts the
  968  focus from child welfare to child well-being by allowing all
  969  sectors of a community and the state to work together to
  970  reallocate resources into services and supports that reduce the
  971  need for out-of-home care and that improve the well-being of
  972  children and families.
  973         (2) ESTABLISHMENT OF PROGRAM.—The department shall
  974  establish a program that consists of a child and family well
  975  being system to serve children and their families through a
  976  contract with a designated lead agency operating in accordance
  977  with s. 409.987. The lead agency shall carry out all
  978  programmatic functions necessary to fulfill the intent of this
  979  section. As used in this section, the term “child and family
  980  well-being system” means a system that recognizes the difference
  981  between poverty and neglect and that provides mentoring and
  982  supports to biological parents as they develop the skills and
  983  resources necessary to adequately care for their children.
  984         (3) PROGRAM REQUIREMENTS.—The creation of a child and
  985  family well-being system requires a fundamental change that
  986  refocuses all aspects of child welfare on supporting the
  987  family’s role in caring for children. Successful implementation
  988  will result in a community-based network of support where the
  989  trauma of child removal is prevented and children are thriving
  990  in their own safe, permanent, and nurturing families. The
  991  designated lead agency shall collaborate with national experts
  992  that specialize in child welfare systems change to create a
  993  program that is required to do all of the following:
  994         (a)Designate lead agency leadership that will identify a
  995  core group of agency individuals to develop a plan for creating
  996  necessary change in the way the agency works.
  997         (b)Recognize that change of this magnitude is difficult
  998  and time-consuming and determine steps necessary to attend to
  999  the well-being of individuals involved early on in the process
 1000  to reduce undesired staff turnover and burnout and increase
 1001  staff satisfaction and well-being.
 1002         (c)Develop a plan for creating a change in the way all
 1003  partners in the process think about how to best keep families
 1004  and children safe and together.
 1005         (d)Build working relationships throughout the process of
 1006  change, including some unexpected or unconventional partners,
 1007  allies, and mentors in the community.
 1008         (e)Provide regular and ongoing opportunities for the
 1009  workforce to interact to discuss new ideas and principles that
 1010  are needed for change to become permanent.
 1011         (f)Redirect resources toward primary prevention and away
 1012  from removing children from their families.
 1013         (4)IMPLEMENTATION.—The department shall, in collaboration
 1014  with the designated lead agency, the community alliance, and the
 1015  Florida Institute for Child Welfare, design, implement, and
 1016  evaluate the program requirements specified in subsection (3).
 1017         (5)REPORTING REQUIREMENTS.—By October 1, 2021, and
 1018  annually thereafter, the Florida Institute for Child Welfare
 1019  shall submit a report to the Governor, the President of the
 1020  Senate, and the Speaker of the House of Representatives which
 1021  evaluates the child and family well-being program, including,
 1022  but not limited to, whether the program is in compliance with
 1023  this section and the outcomes of the children served by the
 1024  child and family well-being program.
 1025         Section 13. Subsection (2) of section 916.13, Florida
 1026  Statutes, is amended to read:
 1027         916.13 Involuntary commitment of defendant adjudicated
 1028  incompetent.—
 1029         (2) A defendant who has been charged with a felony and who
 1030  has been adjudicated incompetent to proceed due to mental
 1031  illness, and who meets the criteria for involuntary commitment
 1032  under this chapter, may be committed to the department, and the
 1033  department shall retain and treat the defendant. For a forensic
 1034  client who is held in a jail awaiting admission to a facility of
 1035  the department, and who is likely to regain competence to
 1036  proceed in the foreseeable future, restoration treatment may be
 1037  provided at any facility deemed appropriate by the department
 1038  secretary.
 1039         (a) Immediately after receipt of a completed copy of the
 1040  court commitment order containing all documentation required by
 1041  the applicable Florida Rules of Criminal Procedure, the
 1042  department shall request all medical information relating to the
 1043  defendant from the jail. The jail shall provide the department
 1044  with all medical information relating to the defendant within 3
 1045  business days after receipt of the department’s request or at
 1046  the time the defendant enters the physical custody of the
 1047  department, whichever is earlier.
 1048         (b) Within 6 months after the date of admission and at the
 1049  end of any period of extended commitment, or at any time the
 1050  administrator or his or her designee determines that the
 1051  defendant has regained competency to proceed or no longer meets
 1052  the criteria for continued commitment, the administrator or
 1053  designee shall file a report with the court pursuant to the
 1054  applicable Florida Rules of Criminal Procedure.
 1055         (c) A competency hearing must be held within 30 days after
 1056  the court receives notification that the defendant is competent
 1057  to proceed or no longer meets the criteria for continued
 1058  commitment. The defendant must be transported to the committing
 1059  court’s jurisdiction for the hearing. If the defendant is
 1060  receiving psychotropic medication at a mental health facility at
 1061  the time he or she is discharged and transferred to the jail,
 1062  the administering of such medication must continue unless the
 1063  jail physician documents the need to change or discontinue it.
 1064  The jail and department physicians shall collaborate to ensure
 1065  that medication changes do not adversely affect the defendant’s
 1066  mental health status or his or her ability to continue with
 1067  court proceedings; however, the final authority regarding the
 1068  administering of medication to an inmate in jail rests with the
 1069  jail physician.
 1070         Section 14. This act shall take effect July 1, 2021.